Township of Doylestown, PA
Bucks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Doylestown1-15-2019 by Ord. No. 392. Amendments noted where applicable.]
As of the effective date of this chapter, any use, firing off, igniting or dispensing of any consumer fireworks within the Township is hereby subject to the following restrictions:
A. 
Permitted Days. The use of consumer fireworks within the Township is restricted to the following holidays: New Year's Eve, New Year's Day, Chinese New Year, Memorial Day, and July 4th.
(1) 
Exceptions.
(a) 
Consumer fireworks may be used on days upon which special events are scheduled. "Special events" shall refer to those events that the Board of Supervisors deems as giving rise to an exception to the date restrictions as described herein; including, but not limited to, weddings, 50th anniversaries, and milestone birthdays.
(b) 
In order for a Township resident to use consumer fireworks pursuant to this exception, the resident must request the Board of Supervisors to grant the exception at least 30 days prior to the special event. The decision as to whether a resident's request is granted shall be at the sole discretion of the Board of Supervisors.
B. 
Permitted times. On days when the use of consumer fireworks is otherwise permitted, said use is limited to the hours of 5:00 p.m. and 10:00 p.m., except that the use of consumer fireworks is allowed each year for a half-hour period beginning at 11:45 p.m. on New Year's Eve (December 31) to 12:15 a.m. on New Year's Day (January 1).
A. 
Authority for issuance of violation. Upon finding a violation, any police officer may proceed under the Second Class Township Code at 53 P.S. §§ 66601(c.1)(2).
B. 
Enforcement.
(1) 
The provisions of this chapter shall be enforced by the police officers employed by the Township of Doylestown.
(2) 
Any first violation of the provisions of this chapter may be cause for a citation to be issued to the violator in conformance with law, with a fine in the amount of $100; also, enforcement may include, but not be limited to, 53 P.S. § 66601(c.1)(2), as well as, no limitation is intended under the Crimes Code or other law having application.
(3) 
Any second violation of the provisions of this chapter may be cause for a citation to be issued to the violator in conformance with law, with a fine in the amount of $500; also, enforcement may include, but not be limited to, 53 P.S. § 66601(c.1)(2), as well as, no limitation is intended under the Crimes Code or other law having application.
(4) 
Any third violation of the provisions of this chapter may be cause for a citation to be issued to the violator in conformance with law, with a fine in the amount of $1,000; also, enforcement may include, but not be limited to, 53 P .S. § 66601 (c.1)(2), as well as, no limitation is intended under the Crimes Code or other law having application.
C. 
Separate offense. Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed, with total fines not to exceed $1,000, i.e., the maximum amount provided in 53 P.S. § 66601 (c.1)(2).
D. 
Fines and penalties.
(1) 
Any person who violates this chapter may be issued a citation for each offense as noted above; however, nothing herein limits the police officer's(s') ability to act under any other valid law(s) of the commonwealth having application.
(2) 
Nothing herein is intended to impede or restrict the prosecution of any criminal offense for any person continuing to violate the terms of this chapter or any order to stop or desist from any illegal conduct or from being charged with any separate offense under the criminal codes or otherwise.
A. 
All relevant ordinances, regulations, and policies of the Township of Doylestown, Pennsylvania, not amended shall remain in full force and effect. Any ordinance or part of an ordinance conflicting with the provisions of this chapter shall be subordinate to this chapter to the extent of such conflict, and the language contained in the chapter shall control. Nothing herein is intended to repeal any other ordinance of the Township of Doylestown.
B. 
Further, nothing herein is intended on limiting the public officers authority under other relevant law, including, but not limited to, the Pennsylvania Fireworks Law, 2017 Bill Text PA H.B. 542.
If any section, clause, provision or portion of this chapter shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this chapter so long as it remains legally enforceable minus the invalid portion. The Township reserves the right to amend this chapter or any portion thereof from time to time as it shall deem advisable in the best interests of the promotion of the purposes and intent of this chapter, and the effective administration thereof.